The Ohio Parole Board has recommended mercy for a condemned killer set to die next month for killing a Cleveland produce vendor

COLUMBUS, Ohio -- The Ohio Parole Board has recommended mercy for a condemned killer set to die next month for killing a Cleveland produce vendor.

The board voted unanimously Tuesday in favor of clemency for Arthur Tyler, whose attorneys argue he is innocent in the 1983 shooting of Sander Leach.

The board ruled 6-5 to recommend that Gov. John Kasich release Tyler immediately. Kasich has the final say.

Tyler's lawyers say his co-defendant Leroy Head took responsibility for the shooting several times. Cuyahoga County prosecutors dispute Tyler's innocence but also pushed for clemency, saying the case doesn't meet current standards for capital punishment.